What to Do When Someone Dies in Berkeley County, South Carolina

How probate works in Berkeley County: the Probate Court record, what the process costs, and how to file there.

Probate Court Record

Berkeley County Probate Court

Berkeley County

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

300-B California Avenue, Moncks Corner, SC 29461-4036

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

Filing in person

Walk-ins acceptedWalk-ins to open an estate are taken from 9:00 a.m. to 3:30 p.m., Monday through Friday, first come, first served. The person named in the will, or the person with priority where there is no will, attends the appointment.

Self-represented filing

AllowedClerks help with the specific process a filer needs but cannot give legal advice. The Estates Division page lists the documents to bring for a will, an intestate estate, a small estate and a will with no assets.

Accepted payment

  • At the counterCash, Check.Fees are paid in cash or by check, and credit cards are not accepted. The Estates Division page names the check payee as Berkeley County in its general list and as Berkeley County Probate Court for the opening fee.

Verified October 16, 2026 · Source

How Probate Works in Berkeley County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Berkeley County, probate runs through the Probate Court at 300-B California Avenue, Moncks Corner.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Carolina intestacy law when there is no will.

Most South Carolina estates take 9 months to 18 months to move through this process. Creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Berkeley County

What probate costs in Berkeley County, South Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 300-B California Avenue, Moncks Corner.

South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in South Carolina are negotiated, typically 2.1%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

South Carolina allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payS.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

South Carolina requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under S.C. Code § 62-3-603Verified Sep 8, 2026View source of estate value annually.

Probate in South Carolina typically runs 9 months to 18 months, and costs accrue throughout that period.

How to File Probate at the Probate Court

Probate cases in Berkeley County are filed at the Probate Court. File in person during business hours or by mail.

Beside the filing office, the court lists separate lines for Estates, case numbers ending in 2 or 8, Estates, case numbers ending in 6 or 9, Estates, case numbers ending in 4 or 7, and Estates, case numbers ending in 0 or 3.

Can You File Without an Attorney?

South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.

For a full cost comparison and filing checklist, see the Berkeley County Self-Filing Assessment.

Berkeley County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Drop box available at front of courthouse 9:00 AM - 4:00 PM

Documents for filing may be left in the drop box at the front of the courthouse between 9:00 a.m. and 4:00 p.m.

Source

Document Requirements

Every estate opening needs the original death certificate, photo ID and the heirs' addresses

Every case needs the original death certificate, valid picture ID for anyone signing, and a mailing or email address for every heir. A will estate adds the original will; a small estate (no real estate, under $45,000, at least 30 days after death) adds the paid funeral bill, a list of property with exact balances and vehicle or boat titles with fair market value.

Source

What to Bring

Filed with the opening petition at the Probate Court: Death certificate — county Probate Court intake practice, not required by Title 62 or by Form 300ES; the counties differ on form (Berkeley and Horry ask for a certified copy, Charleston for the original and "no copies", Lexington and York for a copy), so confirm with the county where the estate is opened; Original will and any codicils (S.C. Code Ann. § 62-2-901, delivery of will to court); Qualification / Statement of Acceptance of the personal representative (S.C. Code Ann. § 62-3-601); Fiduciary Bond (Form 341ES) when required (S.C. Code Ann. § 62-3-603)S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Berkeley County

In Berkeley County certified copies of the death certificate come from South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public.

Vital Records Office Record

South Carolina Department of Public Health - Vital Records Section

Berkeley County · State vital records office

Hours

Monday, Tuesday, Thursday, Friday 8:30 AM-5:00 PM; Wednesday 9:30 AM-5:00 PM

Office

2600 Bull Street, Columbia, SC 29201

Certified copies

From South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public

Mail

Vital Records Section P.O. Box 2046 West Columbia, SC 29171

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Berkeley County · Berkeley County Coroner's Office

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

102 Gulledge Street, Moncks Corner, SC 29461

Mail and offices

Fax

1-843-719-4570

Verified November 3, 2026 · Source

Transferring Property in Berkeley County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.

Deeds and other real property documents for Berkeley County are recorded with the Register of Deeds at 1003 Highway 52, Moncks Corner, SC 29461. Phone: 1-843-719-4084. Hours: Monday-Friday 9:00 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 6122, Moncks Corner, SC 29461.

The Register of Deeds charges $15 flat, regardless of page count.

Berkeley County accepts electronic recording through Simplifile, ePN, CSC and SYNRGO.

Recording Office Record

Register of Deeds

Berkeley County

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

1003 Highway 52, Moncks Corner, SC 29461

Mail

P.O. Box 6122 Moncks Corner, SC 29461

Fax

1-843-719-4851

Verified October 17, 2026 · Source

Probate Attorneys Serving Berkeley County

South Carolina allows informal probate, so many families settle straightforward estates in Berkeley County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in South Carolina are based on reasonable compensation, billed hourly or as a flat fee. Ask a Berkeley County firm to quote a structure up front.

A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Solo PracticeSummerville, SC

DeMott Law Firm, PA

Since 1995 · Serves 3 counties

DeMott Law Firm prepares wills, revocable trusts, powers of attorney, and healthcare directives for families in Summerville, Goose Creek, Charleston, North Charleston, and Hanahan. Russell DeMott served as an Associate Probate Judge for the Dorchester County Probate Court from 2011 to 2017 and is a certified mediator for Probate Court cases.

PracticesEstate PlanningProbateTrustsWills

Office
300 N. Cedar Street, Suite ASummerville, SC 29483

FirmCharleston, SC

LaFond Law Group

Since 1998 · Serves 3 counties

LaFond Law Group is a Charleston firm on Savannah Highway serving families in the Charleston area. Its probate practice handles estate administration after a death, reconciling the decedent's affairs and transferring assets to beneficiaries, usually under the terms of a will. The firm limits its work to estate planning and administration, elder law, and real estate.

PracticesEstate PlanningProbateElder LawTrustsWills

Office
544 Savannah HighwayCharleston, SC 29407

Solo PracticeBluffton, SC

Bromley Law Firm LLC

Bluffton firm serving Beaufort, Bluffton, Hardeeville, and Hilton Head. Drafts wills, revocable living trusts, financial and healthcare powers of attorney, and living wills, and guides personal representatives through probate and estate administration.

PracticesEstate PlanningProbateProbate LitigationBusiness Planningand 3 more

Office
211 Goethe Road, Suite BBluffton, SC 29910
Free consultation

FirmHilton Head Island, SC

Clark & Stevens, P.A.

Clark & Stevens has served Hilton Head Island and the Lowcountry for over 30 years. The firm handles estate planning, wills, family trusts, living wills, medical powers of attorney, probate, long-term care planning, tax planning, and asset protection.

PracticesEstate PlanningProbateElder LawTax Planningand 3 more

Office
60 Arrow RoadHilton Head Island, SC 29928

Evans, Carter, Kunes & Bennett is located in the heart of downtown Charleston. With over 100 years of collective experience in taxation and estate tax planning, the attorneys assist clients in income taxation, estate planning, probate, trust law and charitable organizations. Each attorney holds a Masters of Law in Taxation or Estate Planning.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningCharitable Planning

Office
115 Church StreetCharleston, SC 29401

FirmMount Pleasant, SC

IKON Law LLC

Mount Pleasant firm practicing in estate planning and probate law, serving clients throughout the Charleston and Lowcountry regions. Practice covers wills and trusts, probate and administration, and powers of attorney.

PracticesEstate PlanningProbateTrustsWills

Office
3404 Salterbeck Street, Suite 204Mount Pleasant, SC 29466
Free consultation
See all 18 firms serving Berkeley County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

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Data sourced from South Carolina statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in South Carolina

Free tools for settling an estate in South Carolina: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.

How Do I Settle an Estate?

Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in South Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 daysS.C. Code §§ 62-7-813, 62-7-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.

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